Stop Payment Notices
The time for filing Stop Payment Notices is the same as for the recording of mechanics liens. A Stop Payment Notice does not direct the owner to stop work on the project. A Stop Notice is a claim against the funds remaining in the owner's construction loan account. In response to a Stop Notice, the property owner is obligated to segregate 125% of the Stop Notice amount and set it aside to secure the Stop Notice. However, if the owner has a construction lender, your Stop Notice will have to be bonded to be effective. Like a mechanics' lien, a Stop Notice will expire unless it is enforced by the filing of a lawsuit. Unlike a mechanics' lien, a Stop Notice is not wiped out if the owner's lender forecloses on its loan. Please note that the above information is educational and general in nature. For your specific claim, please consult with a qualified construction law attorney.